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bles. Ainsi il y a des Gouvernements qui ne publient les Traités que dans la langue de leur pays sans indiquer si ce sont des textes originaux ou des traductions. Quant aux Traités conclus effectivement en deux langues, quelques Gouvernements ne publient que l'un des textes, sans nous avertir qu'il y en a un autre. Bien des fois les publications officielles n'offrent pas la date de l'échange des ratifications, qui très - souvent est d'un intérêt majeur parceque la durée du Traité en dépend. Enfin beaucoup de documents importants, tels que Procès-verbaux, Déclarations, Traités politiques, ne sont pas publiés du tout officiellement. A l'exception des Parliamentary Papers anglais il n'y a aucune publication officielle qui réponde à tous les désirs légitimes. C'est par ces raisons qu'en beaucoup de cas nous nous voyons forcés de recourir aux publications non-officielles de Traités ou d'en appeler à la bienveillance des Gouvernements eux-mêmes.
Pour conserver au Recueil son caractère d'authenticité nous éviterons à l'avenir autant que possible de donner des traductions non-officielles. Toute traduction n'est qu'un pisaller; dès que l'interprétation d'un Traité est douteuse, la connaissance de l'original devient indispensable. C'est pourquoi nous reproduirons quelque fois les textes originaux dans des langues dont la connaissance est moins répandue, par exemple des textes italiens et espagnols.
L'espace plus étendu dont nous disposerons dorénavant nous permettra plus souvent que par le passé de reproduire les deux textes des Traités conclus dans deux langues.
Les Traités contenus dans le présent Volume pour la plupart appartiennent à l'époque postérieure au grand conflit entre l'Allemagne et la France.
Elle a produit peu de Traités politiques mais d'autant plus de Traités consacrés aux oeuvres de la paix, au développement du commerce et du bien-être des nations.
1. ÉTATS-UNIS D'AMÉRIQUE, MEXIQUE. Traité pour fixer les limites des territoires respectifs et pour l'exécution et la modification du Traité du 2 février 1848*);
signé à Mexico, le 30 décembre 1853**).
The Republic of Mexico and the United States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and especially in respect to the true limits which should be established, when, notwithstanding wbat was covenanted in the treaty of Guadalupe Hidalgo in the year 1848, opposite interpretations have been urged, which might give occasion to questions of serious moment: To avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotentiary of the same near the Mexican Government, and the President of Mexico has appointed as Plenipotentiary »ad hoc« his excellency Don Manuel Diez de Bonilla, cavalier grand cross of the national and distinguished order of Guadalupe, and Secretary of State and of the office of Foreign Relations, and Don José Salazar Ylarregui and General Mariano Monterde, as scientific commissioners, invested with full powers for this negociation; who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the articles following:
Art. I. The Mexican Republic agrees to designate the following as her true limits with the United States for the future: Retaining the same dividing line between the two Californias as already defined and established, according to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same; thence due west one hundred miles, thence south to the parallel of 310 20' north
*) V. N. R. G. XI. 387 (traduction allemande); XIV. 7 (texte anglais et espagnol).
**) En anglais et en espagnol. Les ratifications ont été échangées à Washing. ton, le 30 juin 1854. Nouv. Recueil Gén, 20 S. 1.
latitude; thence along the said parallel of 31° 20' to the 111th meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico.
For the performance of this portion of the treaty, each of the two Governments shall nominate one commissioner, to the end that, by common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the mixed commission, according to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it is necessary, the contracting parties schall be at liberty each to unite to its respective commissioner scientific or other assistant such as astronomers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division between the two republics; that line shall be alone established upon which the commissioners may fix, their consent in this particular being considered decisive and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting.
The dividing line thus established shall, in all time, be faithfully respected by the two Governments, without any variation therein, unless of the express and free consent of the two, given in conformity to the principles of the law of nations, and in accordance with the constitution of each country, respectively.
In consequence, the stipulation in the 5th article of the treaty of Guadalupe upon the boundary line therein described is no longer of any force, wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance with the same.
Art. II. The Government of Mexico hereby releases the United States from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe Hidalgo; and the said article and the thirty-third article of the treaty of amity, commerce, and navigation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, 1831*), are hereby abrogated.
Art. III. In consideration of the foregoing stipulations, the Government of the United States agrees to pay to the Government of Mexico in the city of New York, the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining three millions as soon as the boundary ine shall be surveyed, marked, and established.
*) N. R. X. 322 (texte anglais et espagnol).
Art. IV. The provisions of the 6th and 7th articles of the treaty of Guadalupe Hildalgo having been rendered nugatory for the most part by the cession of territory granted in the first article of this treaty, the said articles are hereby abrogated and annulled and the provisions as herein expressed substituted therefore. The vessels and citizens of the United States shall, in all time have free and uninterrupted passage through the Gulf of California, to and from their possessions situated north of the boundary line of the two countries. It being understood that this passage is to be by navigating the Gulf of California and the river Colorado and not by land, without the express consent of the Mexican Government; and precisely the same provisions, stipulations, and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scrupulously observed and enforced, by the two contracting Governments in reference to the Rio Colorado, so far and for such distance as the middle of that river is made their common boundary line by the first article of this treaty.
The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio Bravo del Norte, below the initial of the said boundary provided in the first article of this treaty; that is to say, below the intersection of the 31° 47' 30" parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe.
Art. V. All the provisions of the eighth and ninth, sixteenth and seventeenth articles of the treaty of Guadalupe Hidalgo, shall apply to the territory ceded by the Mexican Republic in the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiastical, within the same, as fully and as effectually as if the said articles were herein again recited and set forth.
Art. VI. No grants of land within the territory ceded by the first article of this treaty bearing date subsequent to the day twenty-fifth of September when the Minister and subscriber to this treaty on the part of the United States proposed to the Government of Mexico to terminate the question of boundary, will be considered valid or be recognized by the United States, or will any grants made previously be respected or be considered as obligatory which have not been located and duly recorded in the archives of Mexico.
Art. VII. Should there at any future period (which God forbid) occur any disagreement between the two nations which might lead to a rupture of their relations and reciprocal peace, they bind themselves in like manner to procure by every possible method the adjustment of every difference; and should they still in this manner not succeed, never will they proceed to a declaration of war without having previously paid attention to what has been set forth in article 21 of the treaty of Guadalupe for similar cases; which article, as well as the 22d, is here re-affirmed.
Art. VIIl. The Mexican Government having on the 5th of February, 1853, authorized the early construction of a plank and rail road across the Isthmus of Tehuantepec, and, to secure the stable benefits of said
transit way to the persons and merchandize of the citizens of Mexico and the United States, it is stipulated that neither Government will interpose any obstacle to the transit of persons and merchandize of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government.
The United States, by its agents, shall have the right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the effects of the United States Government and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing the isthmus and not remaining in the country.
When the construction of the railroad shall be completed, the Mexican Government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico.
The two Governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which that Government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent.
The Mexican Government having agreed to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or international law.
Art. IX. The treaty shall be ratified, and the respective ratifications shall be exchanged at the city of Washington within the exact period of six months from the date of its signature, or sooner if possible.
In testimony whereof we, the Plenipotentiaries of the contracting parties, have hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December, in the year of our Lord one thousand eight hundred and fifty-three, in the thirty-third year of the Independence of the Mexican Republic, and the seventy-eighth of that of the United States.